It is possible because they make the seizure a civil matter and not a criminal one. A lack of charges should make it easier for you to retain the cash, but the laws in some states still hold that you effectively have to prove the money is yours rather than the state proving that the money is the proceeds of illegal activity.
Have you spoken to an attorney?
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Police took my cash
Jurisdiction: Oregon-
12-10-2010, 06:00 PM #16Moderator Learned Scholar
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12-10-2010, 06:56 PM #17Registered User
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It is a civil case now. The attorney I had on retainer wants to charge an extra $2000 for the civil trail for the cash but, I'm gonna try and settle the matter first. If they won't settle I'll take it to civil trail to get the cash back. I hate the fact they walk into your house and take your money without any proof. Is that standard procedure?
Originally Posted by CdwJava
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12-10-2010, 10:16 PM #18Registered User Samaritan & Scholar
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They had a warrant that authorized them to take it. In order to get the warrant they had to have provided convincing evidence to a judge that criminal activity was taking place.
As said above, you will likely have to provide evidence that the cash belongs to you, which means proving how that cash came to be in your possession. It sounds like you will be unable to do that without incriminating yourself. The cash is likely gone for good.
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12-11-2010, 03:30 AM #19Registered User New Member
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it is happening because you sold drugs, they have the proof on your phone, your criminal history and the "equiptment" you had in your place. They may still be waiting for charges but they have to wait for other investigations before they bring you up? there could be a number of things, if your lucky they wont charge you at all but still take your cash.
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12-12-2010, 12:04 AM #20Registered User
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[QUOTE=mightymoose;141189]They had a warrant that authorized them to take it. In order to get the warrant they had to have provided convincing evidence to a judge that criminal activity was taking place.
As said above, you will likely have to provide evidence that the cash belongs to you, which means proving how that cash came to be in your possession. It sounds like you will be unable to do that without incriminating yourself. The cash is likely gone for good.
I can prove the cash was given to me by multiple sources. I'm also wondering why they haven't charged me yet. I figured if they had a CI or did a controlled buy, done deal, case closed, they would have picked me up when they came with the search warrant. I'm just miffed that it's been three months and I haven't heard from the outside of the seizer. My attorney also said that there will be no criminal charges filed. Again, I'm just miffed.
